COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION –NORTHERN TERRITORY OFFSHORE NET AND LINE FISHERY, MARCH 2022
I, ADAM SINCOCK, Principal Director, Wildlife Trade Office, as Delegate of the Minister for the Environment, have considered in accordance with section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) the application from the Northern Territory Department of Industry, Tourism and Trade, public comments on the proposal as required under section 303FR, and advice on the ecological sustainability of the operation. I am satisfied on those matters specified in section 303FN of the EPBC Act. I hereby declare the operations for the harvesting of specimens that are or are derived from fish or invertebrates, taken in the
Northern Territory Offshore Net and Line Fishery as defined in the management regime in force under the:
- Fisheries Act 1988 (NT)
- Fisheries Regulations 1992 (NT),
but not including:
(a) specimens that belong to taxa listed under section 209 of the EPBC Act (Australia’s List of Migratory Species), or
(b) specimens that belong to taxa listed under section 248 of the EPBC Act (Australia’s List of Marine Species), or
(c) specimens that belong to eligible listed threatened species, as defined under section 303BC of the EPBC Act, or
(d) specimens that belong to taxa listed under section 303CA of the EPBC Act (Australia’s CITES List), except for hammerhead sharks (Sphyrna spp.),
to be an approved wildlife trade operation, in accordance with subsection 303FN(2) and paragraph 303FN(10)(d), for the purposes of the EPBC Act.
Unless amended or revoked, this declaration:
a) is valid until 28 March 2025, and
b) is subject to the conditions applied under section 303FT specified in Schedule 1.
Dated this 29th day of March 2022
Adam Sincock
Delegate of the Minister for the Environment
Notes:
1. Under the Administrative Appeals Tribunal Act 1975, a person whose interests are affected by this decision may apply for a statement of reasons and for independent review of the decision. An application for a statement of reasons may be made in writing to the Department of Agriculture, Water and the Environment within 28 days of the date of the declaration. An application for independent review may be made to the Administrative Appeals Tribunal on payment of the relevant fee within 28 days of the date of the declaration, or if reasons are sought, within 28 days of receipt of reasons. Further information may be obtained from the Director, Sustainable Fisheries Assessments Section, Department of Agriculture, Water and the Environment, Email: sustainablefisheries@awe.gov.au.
2. Australia’s obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) are met through Part 13A of the EPBC Act. Specimens of species listed in Appendix II of Australia’s CITES list under section 303CA of the EPBC Act may only be exported, under a CITES export permit issued under the EPBC Act, if Australia’s CITES Scientific Authority has issued a non-detriment finding for that species.
Schedule 1
Declaration of the harvest operations of the Northern Territory Offshore Net and Line Fishery as an approved wildlife trade operation, March 2022
ADDITIONAL PROVISIONS (section 303FT)
Relating to the harvesting of fish specimens that are, or are derived from, fish or invertebrates, other than specimens of species listed under Part 13 and Part 13A of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), taken in the Northern Territory Offshore Net and Line Fishery:
Condition 1
Operation of the Northern Territory Offshore Net and Line Fishery must be carried out in accordance with the Offshore Net and Line Fishery Management Framework and Harvest Strategy 2018 in force under the Fisheries Act 1988 (NT) and the Fisheries Regulations 1992 (NT).
Condition 2
The Northern Territory Department of Industry, Tourism and Trade must inform the Department of Agriculture, Water and the Environment of any intended material changes to Northern Territory Offshore Net and Line Fishery management arrangements that may affect the assessment against which Environment Protection and Biodiversity Conservation Act 1999 decisions are made.
Condition 3
The Northern Territory Department of Industry, Tourism and Trade must inform the Department of Agriculture, Water and the Environment of any intended changes to fisheries legislation that may affect the legislative instruments relevant to this approval.
Condition 4
The Northern Territory Department of Industry, Tourism and Trade must produce and present reports on the Northern Territory Offshore Net and Line Fishery, including progress against all Part 13A conditions, to the Department of Agriculture, Water and the Environment by 30 June annually, as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition.
Condition 5
By 1 December 2022 the Northern Territory Department of Industry, Tourism and Trade must ensure that data collection and data validation systems are in place, sufficient to ensure that all necessary fishery data, including retained and discarded catch, and protected species interaction data is accurately reported and available for management of the Offshore Net and Line Fishery.
Condition 6
The Northern Territory Department of Industry, Tourism and Trade must:
a) By 1 September 2022, develop precautionary, interim ecological risk mitigation strategies for any bycatch or protected species which have been caught or interacted with in numbers greater than those considered in the 2020 Ecological Risk Assessment (ERA) for the Offshore Net and Line Fishery. These ecological risk mitigation strategies must include, but are not limited to, plans for the Australian snubfin dolphin (Orcaella heinsohni), leatherback turtle (Dermochelys coriacea), dwarf sawfish (Pristis clavata), dugong (Dugong dugon), giant manta rays (Mobula birostris) and pygmy devilrays (M. eregoodoo and M. kuhlii). The ecological risk mitigation strategies must also be developed for winghead sharks, and any other taxa found to be at high risk or greater in the 2020 ERA.
b) By 1 December 2022, implement the ecological risk mitigation strategies. These must remain in effect until it can be determined whether risks to these species from the operation of the fishery are sustainable. After that time, all reasonable steps must be taken to minimise future interactions and ensure impacts remain sustainable.
Condition 7
By 27 June 2024, the Northern Territory Department of Industry, Tourism and Trade must provide an updated Ecological Risk Assessment to the Department of Agriculture, Water and Environment that considers all species interacted with by the Offshore Net and Line Fishery.